Rule 40 Appeal from MTC to RTC

1. Appeal from judgment or final order of MTC taken to

RTC exercising jurisdiction over the area to which MTC
pertains. File notice of appeal with the MTC which
rendered decision appealed from within 15 days after
notice of such judgment.
2. Record on appeal is filed within 30 days and required
only for special proceedings
3. Appellate docket fees paid to clerk of court of MTC
payment not a condition precedent for perfection of
appeal but must nonetheless be paid within the period
for taking appeal;
4. Procedure for appeal from cases dismissed without trial
for lack of jurisdiction:
1. If affirmed because the MTC has no jurisdiction, RTC
will try case on the merits as if it has original
jurisdiction;
2. If reversed, the case shall be remanded to the MTC;
3. If the first level court tried the case on the merits
without jurisdiction, the RTC should not dismiss the case

but shall decide it in the exercise of original

jurisdiction.

Rule 41 Appeal from the RTC

1. Appeal may be taken from a judgment or final order
that completely disposes of the case or of a particular
matter therein.
2. No appeal may be taken from:
1. Order denying a motion for new trial or recon;
2. Order denying a petition for relief or any similar motion
seeking relief from judgment;
3. Interlocutory order;
4. Order disallowing or dismissing an appeal;
5. Order denying a motion to set aside a judgment by
consent, confession, compromise on the ground of
fraud, mistake, or duress, or any other ground vitiating
consent;
6. Order of execution;

Not appealable because execution is only the result of

the judgment. If order of execution is not in accord with

the dispositive portion, remedy is certiorari under Rule

65.
7. Judgment or final order for or against one or more of
several parties or in separate claims, while the main
case is pending, unless the court allows an appeal
therefrom;
8. Order dismissing an action without prejudice;

In all these cases, aggrieved party may file an

appropriate civil action under Rule 65.
1. Ordinary appeal from RTC (in the exercise of original
jurisdiction) to CA is by filing notice of appeal with the
RTC within 15 days from notice of its judgment. Record
on appeal required only for special proceedings and
where multiple appeals allowed filed within 30 days.
2. Motion for extension of time to file a motion for new
trial or reconsideration is prohibited.
3. Contents of Notice on appeal:
1. Names of the parties to the appeal;

2. Specify judgment or final order or part thereof

appealed from;
3. Court to which the appeal is being taken;
4. Material dates showing timeliness of appeal;

6. Contents of Record on appeal:

1. Full names of all parties to the proceedings shall be
stated in the caption;
2. Include judgment or final order from which appeal
taken;
3. In chronological order, copies of only such pleadings,
petitions, etc. and all interlocutory orders as are related
to the appealed judgment;
4. Data showing that appeal perfected in time material
data rule;
5. If an issue of fact is to be raised, include by reference
all the evidence, oral or documentary, taken upon the
issues involved.

7. Appeal from decision of RTC in appellate jurisdiction

is by petition for review filed with CA.

8. Where only questions of law are raised, by petition

for review on certiorari with SC.

11. General Rule: An ordinary appeal stays the execution

of a judgment

9. Notice of Appeal and Record of Appeal distinguished:

Exceptions:
a.
body appealed to the CA

Notice of Appeal

Record of Appeal

Partys appeal by notice of

appeal deemed perfected as
to him upon the filing of the
notice of appeal in due time

Deemed perfected as to
appellant with respect to the
subject matter upon the
approval of the record on
appeal filed in due time

Court loses jurisdiction over

case upon perfection of the
appeals filed in due time and
expiration of time to appeal
of other parties

Court loses jurisdiction only

over subject matter upon
approval of records on appeal
filed in due time and
expiration of the time to
appeal of other parties.

10. Failure to pay appellate docket fees within the

reglamentary period is ground for dismissal of appeal.

Decisions of quasi-judicial

b. Executions pending appeal

c. Cases covered by Summary Procedure
Rule 42 - Petition for Review from the RTC to the CA
1. 1. Form and contents of petition for review (from
RTC to CA)

In 7 legible copies:
1. Full names of parties to case, without impleading the
lower courts or judges thereof;
2. Indicate specific material dates showing it was filed on
time;
3. Concise statement of matters involved, issues raised,
specification of errors of fact or law, or both allegedly

committed by the RTC, and the reasons or arguments

relied upon for the allowance of the appeal;
4. Accompanied by clearly legible duplicate originals or
true copies of the judgments or final order of both MTC
and RTC;
5. Certification under oath of non-forum shopping.
1. 2. Contents of comment

In 7 legible copies, accompanied by certified true copies

of material portions of record and other supporting
papers:
1. State whether or not appellee accepts the statement of
matters involved in the petition;
2. Point out such insufficiencies or inaccuracies as he
believes exists in petitioners statement of matters;
3. State reasons why petition should not be give due
course.

3. CA may:
1. Require respondent to file a comment; or

2.
1.
2.
3.

Dismiss the petition if it finds:

Patently without merit
Prosecuted manifestly for delay
Questions raised are to insubstantial to require
consideration

Rule 43 Appeals from the CTA and Quasi-Judicial

Agencies to the CA
1. 1. Appeals from judgments and final orders of the
Court of Tax Appeals and quasi-judicial agencies in
exercise of quasi-judicial functions (unless otherwise
provided by law and the Labor Code [NLRC decisions])
shall be by petition for review to the CA, to be taken
within 15 days from notice of award or judgment or
from notice of the denial of the motion for
reconsideration. Only 1 Motion for reconsideration
allowed
2. 2. Quasi-judicial agencies covered:
1. Civil Service Commission;
2. Central Board of Assessment Appeals;
3. Securities and Exchange Commission;

4.
5.
6.
7.
8.

Office of the President;

Land Registration Authority;
Social Security Commission;
Civil Aeronautics Board;
Bureau of Patents, Trademarks and Technology
Transfer;
9. National Electrification Administration;
10. Energy Regulatory Board;
11. National Telecommunications Commission;
12. Department of Agrarian Reform under RA No. 6657;
13. GSIS;
14. Employees Compensation Commission;
15. Agricultural Inventions Board;
16. Insurance Commission;
17. Construction Industry Arbitration Commission;
18. Voluntary arbitrators

St. Martins Funeral Home vs. NLRC DECISIONS OF

THE NLRC ORIGINAL ACTION FOR CERTIORARI UNDER
RULE 65 FILED WITH THE CA, NOT SC

Fabian vs. Desierto Appeals from decisions of the

Office of the Ombudsman in administrative disciplinary
cases should be taken to the CA under Rule 43.
According to A.M. no. 99-2-02-SC
(promulgated February 9, 1999), any appeal by way of
petition for review from a decision, final resolution or
order of the Ombudsman, or special civil action relative
to such decision, filed with the SC after March 15, 1999
shall no longer be referred to the CA, but shall
be dismissed.
Rule 45 Appeal by Certiorari to the Supreme Court
1. Question of Law exists when doubt or difference
arises as to what the law is, based on a certain state of
facts
Question of Fact exists when doubt or difference arises
as to the truth or the falsehood of alleged facts
2. Findings of fact of the CA may be reviewed by the SC
on appeal by certiorari when:

1. The conclusion is a finding grounded entirely on

speculations, surmises, or conjectures;
2. The inference made is manifestly mistaken, absurd, or
impossible;
3. There is grave abuse of discretion;
4. The judgment is based on misapprehension of facts;
5. Findings of fact of trial court and CA are conflicting;
6. The CA, in making its findings, went beyond the issues
of the case and the same is contrary to the admissions
made;
7. CA manifestly overlooked certain relevant facts not
disputed by the parties and which, if properly
considered, would justify a different conclusion.

3. Certiorari as mode of appeal:

From judgment or final order of the CA, Sandiganbayan,
RTC on pure questions of law, or other courts whenever
authorized by law, by filing a petition for review on
certiorari with the SC within 15 days from notice of
judgment.

4. Rule 45 and Rule 65 distinguished:

Rule 45

Rule 65

No need for Motion for Recon

Motion for Recon generally

required

Relates to final judgments

Applies to interlocutory
orders rendered in
excess/lack of jurisdiction

An appeal

Not an appeal in the strict

sense

15 days from notice of

judgment

60 days from notice of

judgment

Kho vs. Camacho: An RTC judge has no right to

disapprove a notice of appeal on the ground that the
issues raised involve a pure question of law, and that the
mode of appeal is erroneous. That is the prerogative of
the CA, not the RTC judge. A notice of appeal need not
be approved by the judge, unlike a record on appeal.
Rule 47 Annulment of Judgments or Final Orders and
Resolutions

1. Grounds for annulment of judgment of RTC in civil

cases:
1. Petition for annulment available only if ordinary
remedies of new trial, appeal, petition for relief or
other appropriate remedies no longer available
through no fault of the Petitioner.
1. Extrinsic fraud not available as a ground if availed of
earlier in a motion for new trial or petition for relief
2. Lack of jurisdiction.

3. Periods:
1. For extrinsic fraud four years from discovery;
2. Lack of jurisdiction must be filed before action barred
by laches.

4. Effects of judgment of annulment gives the CA

authority to order the trial court on motion to try the
case if the ground for annulment is extrinsic fraud, but
not if it is lack of jurisdiction.

Prescriptive period for refiling the original action is

suspended unless the extrinsic fraud is attributable to
the plaintiff in the original action.
Rule 50 - Dismissal of Appeal
1. 1. Grounds for dismissal of appeal by the CA:
1. Failure of the record on appeal to show on its face that
the appeal was taken within the reglamentary period;
2. Failure to file the notice of appeal or record on appeal
within the period;
3. Failure of the appellant to pay the docket and other
lawful fees;
4. Unauthorized alterations, omissions, or additions in the
approved record on appeal;
5. Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided;
6. Absence of specific assignment of errors in appellants
brief or page references to the record;

7. Failure of the appellant to take necessary steps for the

completion or correction of the record within the time
limited by the order;
8. Failure of appellant to appear at the preliminary
conference or to comply with orders, circulars, or
directives of the court without justifiable cause
9. Judgment or order appealed from is not appealable.

Rule 51 Judgment
1. Memorandum decisions are permitted in the CA.
2. After judgment or final resolution of the CA and
dissenting or separate opinions if any, are signed by the
Justices taking part, they shall be delivered for filing to
the clerk who shall indicate thereon the date of
promulgation and cause true copies to be served upon
parties or counsel.
3. Date when judgment or final resolution becomes
executory shall be deemed as date of entry.

RULE 56 Procedure in the Supreme Court

1. 1. Original cases cognizable exclusive list:
1. Petitions for certiorari, prohibition, mandamus, quo
warranto, habeas corpus;
2. Disciplinary proceedings against judges and attorneys;
3. Cases affecting ambassadors, other public ministers,
and consuls.

2. An appeal to SC can only be taken by petition for

review on certiorari, except in criminal cases where the
penalty imposed is death, reclusion perpetua, or life
imprisonment.
3. Grounds for dismissal of appeal by SC
1. Failure to take appeal within the reglementary period;
2. Lack of merit in the petition;
3. Failure to pay the requisite docket fee and other lawful
fees or to make deposit for costs;
4. Failure to comply with the requirements regarding
proof of service and contents of and the documents
which should accompany the petition;

5. Failure to comply with any circular, directive or order

of the SC without justifiable cause;
6. Error in choice or mode of appeal
7. Case is not appealable to the SC.
1. Discretionary upon SC (and CA) to call for preliminary
conference similar to pre-trial.
2. General Rule: Appeal to SC by notice of appeal shall be
dismissed.

Exception: In criminal cases where the penalty imposed

is life imprisonment, or when a lesser penalty is imposed
but involving offenses committed on the same occasion
or arising out of the same occurrence which gave rise to
the more serious offense for which the penalty of death
or life imprisonment is imposed (Section 3, Rule 122)
1. Appeal by certiorari from RTC to SC submitting issues of
fact may be referred to the CA for decision or
appropriate action, without prejudice to considerations
on whether or not to give due course to the appeal as
provided in Rule 45.

Provisional Remedies
Provisional remedies (ancillary/auxiliary)
Writs and processes available during the pendency of
the action which may be resorted to by a litigant to
preserve and protect rights and interests therein pending
rendition, and for the purpose of ultimately affecting a
final judgment in the case.
PROVISIONAL constituting temporary measures
availed of during the pendency of the action.
ANCILLIARY incidents in and dependent on the result
of the main action.
Rule 57 Preliminary Attachment
1. 1. Preliminary Attachment
1. Available even if the recovery of personal property is
only an incidental relief sought in the action;

2. May be resorted to even if the personal property is in

the custody of a third person;
3. Extends to all kinds of property, real or personal or
incorporeal;
4. To recover possession of personal property unjustly
detained, presupposes that the same is being concealed,
removed, or disposed of to prevent its being found or
taken by the applicant;
5. Can still be resorted to even if the property is
in custodia legis, as long as the property belongs to the
defendant, or is one in which he has proprietary
interests, AND with permission of the court

2. Grounds
1. Recovery of specified amount of money and
damages, except moral or exemplary, where party is
about to depart from the Phils with intent to defraud
creditors;

2. Action for money or property embezzled or for willful

violation of duty by public officers, officers of
corporation, agent, or fiduciary;
3. Recovery of possession of property (both real and
personal) unjustly detained, when the property is
concealed or disposed of to prevent is being found or
taken;
4. Action against party guilty of fraud in contracting the
debt or incurring the obligation or in the performance
thereof;
5. Action against party who is concealing or disposing of
property, or is about to do so, with intent to defraud
creditors;
6. Action against party who is not a resident of the Phils
and cannot be found therein or upon who service by
publication can be made.

3. PRINCIPLE OF PRIOR OR CONTEMPORARY

JURISDICTION:

Enforcement of writ of preliminary attachment must be

preceded by or simultaneously accompanied by service
of summons, copy of complaint, application and
affidavits for the attachment and the bond upon the
adverse party; BUT the requirement of prior or
contemporaneous service of summons shall not apply
where the summons could not be served despite diligent
efforts, or the defendant is a resident of the Phils
temporarily absent therefrom, or the defendant is a nonresident of the Phils or the action is in rem or quasi in
rem.
1. 4. When preliminary attachment is discharged
1.
a. Debtor posts a counterbond or makes
requisite cash deposit- if attachment to be
discharged is with respect to particular property,
counterbond or deposit shall be equal to the value
of the property as determined by the court; in all
other cases, amount of counterbond should be
equal to the amount fixed in the order of
attachment.

CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE

PAYMENT OF ANY JUDGMENT THAT ATTACHING PARTY MAY
RECOVER
1.
2.
3.
4.
5.

b. Applicants bond is insufficient or sureties fail

to justify;
c. Attachment was improperly or irregularly
issued;
d. Property attached is exempt from execution;
e. Judgment is rendered against attaching
party;
f. Attachment is excessive discharge is with
respect to the excess

5. Application for discharge may only be filed with the

court where the action is pending and may be filed even
before enforcement of the writ so long as there has been
an order of attachment.
6. When to apply for damages against the attachment
bond

1.
2.
3.
4.

Before trial;
Before appeal perfected;
Before judgment becomes executory;
In the appellate court for damages pending appeal,
before judgment becomes executory.
1. 7. When judgment becomes executory, sureties on
counterbond to lift attachment are charged and can be
held liable for the amount of judgment and costs upon
notice and summary hearing. There is no need to first
execute judgment against the judgment obligor before
proceeding against sureties.
2. 8. Claims for damages cannot be subject of
independent action except:
1.
a. When principal case is dismissed by the
trial court for lack of jurisdiction without giving the
claiming party opportunity to prove claim for
damages;
2.
b. When damages sustained by a third
person not a party to the action.

Rule 58 Preliminary Injunction

1. 1. Preliminary injunction distinguished from

Prohibition
Preliminary Injunction

Prohibition

Generally directed against

party to the action but may
be against any person

Directed against a court,

tribunal, or person exercising
judicial powers

Does NOT involve the

jurisdiction of the court

May be on the ground that

the court against whom the
writ is sought acted without
or in excess of jurisdiction;

May be main action itself or

just a provisional remedy in
the main action

Always a main action

2. Grounds for Preliminary Injunction

1. Plaintiff is entitled to relief sought which consists in
restraining or requiring the performance of acts (latter
is preliminary mandatory injunction);

2. The commission of acts or non-performance during

pendency of litigation would probably work injustice to
the plaintiff;
3. Defendant is doing or about to do an act violating
plaintiffs rights respecting the subject of the action and
tending to render judgment ineffectual.

3. Injunction may be refused or dissolved when:

1. Complaint is insufficient;
2. Defendant is permitted to post a counterbond it
appearing that he would sustain great and irreparable
injury if injunction granted or continued while plaintiff
can be fully compensated;
3. Plaintiffs bond is insufficient or defective

4. No Preliminary Injunction or TRO may be issued

without posting of bond and notice to adverse party and
hearing.
5. PRINCIPLE OF PRIOR OR CONTEMPORARY
JURISDICTION:

When an application for a writ of preliminary

injunction or a temporary restraining order is included in
a complaint or any initiatory pleading, the case, if filed
in a multiple-sala court, shall be raffled only after
NOTICE to and IN THE PRESENCE of the adverse party or
the person to be enjoined. In any event, such notice
shall be preceded, or contemporaneously accompanied
by service of summons, together with a copy of the
complaint and the applicants affidavit and bond, upon
the adverse party in the Phils; BUT the requirement of
prior or contemporaneous service of summons shall NOT
apply where the summons could not be served despite
diligent efforts, or the defendant is a resident of the
Phils temporarily absent therefrom, or the defendant is a
non-resident of the Phils
Difference with principle in preliminary attachment
In attachment, the principle applies only in the
implementation of the writ, while in applications for

injunction or TRO, this principle applies before the raffle

and issuance of the writs or TRO.
6. TRO good for only 20 days from service; 60 days for
CA; until further orders from SC.
7. TRO can be issued ex parte only if matter of grave
urgency and plaintiff will suffer grave injustice and
irreparable injury. Good for 72 hours from issuance,
within which judge must comply with service of
summons, complaint, affidavit and bond, and hold
summary hearing to determine whether TRO should be
extended for 20 days. In no case can TRO be longer than
20 days including 72 hours.
8. No TRO, preliminary injunction or preliminary
mandatory injunction may issue against the government
in cases involving implementation of government
infrastructure projects. (Garcia vs. Burgos, reiterated in
Administrative Circular no. 7-99, promulgated June
25,1999)

Rule 59 Receivership
1. 1. When receiver may be appointed:
2. 2. When receivership may be denied/lifted
1. Party has an interest in the property or fund subject of
the action and such is in danger of being lost, removed,
or materially injured;
2. Action by mortgagee for foreclosure of mortgage when
the property is in danger of being wasted or materially
injured and that its value is probably insufficient to
discharge the mortgage debt, OR that the parties have
stipulated in the contract of mortgage;
3. After judgment, to preserve the property during the
pendency of the appeal, or to dispose of it, or to aid in
execution when execution has been returned unsatisfied
or the judgment debtor refuses to apply his property to
satisfy judgment, or to carry out the judgment.
4. When appointing one is the most convenient and
feasible means to preserve, administer, or dispose of the
property in litigation.
1. Appointment sought is without sufficient cause;

2. Adverse party files sufficient bond for damages;

3. Applicant or receivers bond is insufficient.

3. Both the applicant for the receivership and the

receiver appointed must file separate bonds.
4. In claims against the bond, it shall be filed,
ascertained and granted under the same procedure as
Section 20, Rule 57, whether is be damages against the
applicants bond for the unlawful appointment of the
receiver or for enforcing the liability of the sureties of
the receivers bond by reason of the receivers
management (in the latter case, no longer need to file a
separate action).

Rule 60 Replevin
1. 1. Replevin
2. 2. Defendant entitled to return of property taken
under writ if:

1. Available only where the principal relief sought in the

action is the recovery of possession of personal
property;
2. Can be sought only where the defendant is in the
actual or constructive possession of the personal
property involved.
3. Extends only to personal property capable of manual
delivery;
4. Available to recover personal property even if the same
is NOT being concealed, removed, or disposed of;
5. Cannot be availed of if property is in custodia legis, as
where is it under attachment, or was seized under a
search warrant or distrained for tax assessment.
1. He seasonably posts redelivery bond
2. Plaintiffs bond is insufficient or defective
3. Property is not delivered to plaintiff for any reason.

Replevin bond is only intended to indemnify defendant

against any loss that he may suffer by being compelled
to surrender the possession of the disputed property
pending trial of the action. Thus, surety not liable for

payment of judgment for damages rendered against

plaintiff on a counterclaim for punitive damages for
fraudulent or wrongful acts committed by the plaintiffs
which are unconnected with the defendants deprivation
of possession by the plaintiff.
Special Civil Actions
1. Types of Special Civil Actions
1. Mandamus
2. Interpleader
3. Certiorari
4. Contempt
5. Prohibition
6. Eminent Domain
7. Declaratory Relief
8. Quo warranto
9. Partition of real estate
10. Foreclosure of mortgage
11. Unlawful detainer

12. Forcible Entry

Rule 62 Interpleader
1. Interpleader
1. Original action
2. Presupposes that the plaintiff has no interest in the
subject matter of the action or has an interest therein
which, in whole or part, is not disputed by the other
parties to the action;
3. Complaint in interpleader must be answered 15 days
from service of summons.

Rule 63 Declaratory Relief and Similar Remedies

1. Requisites for action for declaratory relief:
1. Subject matter of controversy is a deed, will, contract,
or other written instrument, statute, executive order, or
regulation, or ordinance;

 Court may refuse to adjudicate where decision would

not terminate the uncertainty or controversy which gave
rise to the action OR where the declaration is not
necessary and proper at the time;
2. Terms and validity thereof are doubtful and require
judicial construction;
3. No breach of the document, otherwise ordinary civil
action is the remedy;

Must be before breach is committed, as in the case

where the petitioner paid under protest the fees
imposed by an ordinance. Declaratory relief still proper
because the applicability of the ordinance to future
transactions still remains to be resolved, although the
matter could be threshed out in an ordinary suit for the
recovery of the fees paid.
4. There is an actual justiciable controversy between
persons whose interests are adverse;
5. The same is ripe for adjudication;

6. Adequate relief is not available through other means or

other forms of action or proceeding.

Rule 64
Review of Judgments and Final Orders or
Resolutions of the Commission on Elections and The
Commission on Audit
For petition for review of judgments and final orders
of the COMELEC and COA period to file is 30 days to be
counted from notice of the judgment or final order or
resolution sought to be reviewed and not from the
receipt of the denial of the Motion for Reconsideration;
the period to file petition is merely interrupted by the
filing of the Motion for Reconsideration and continues to
run again for the remaining period which shall not be
less than 5 days from notice of denial.
Rule 65 Certiorari, Prohibition and Mandamus
1. 1. Certiorari
1. Purpose to correct an act performed by respondent;

2. Act sought to be controlled discretionary acts;

3. Respondent one who exercises judicial functions and
acted with grave abuse of discretion or in lack or excess
of jurisdiction.
4. Generally directed against an interlocutory order of the
court prior to appeal from the judgment in the main
case;
5. Need merely be filed seasonably (within 60 days),
without undue delay and before the act, order, or
proceedings, sought to be reviewed or set aside has
become fait accompli such that any reversal thereof
shall have become academic;
6. Unless a writ of preliminary injunction shall have
issued, does NOT stay the challenged order;
7. Parties are the aggrieved parties against the lower
court or quasi-judicial agency and the prevailing parties;
8. Motion for reconsideration is a condition precedent,
subject to certain exceptions;

9. Higher court exercises original jurisdiction under its

power of control and supervision over the orders of
lower courts.

If CA reverses the judge, the latter may not go the SC

via a petition for certiorari. He is merely a nominal
party, and he should not seek the reversal of a decision
that is unfavorable to the action taken by him.
Professional Regulation Commission vs. CA It is well
settled that the remedies of ordinary appeal and
certiorari are mutually exclusive, not alternative or
successive. However, it has also been held that after a
judgment has been rendered and an appeal therefrom
had been perfected, a petition for certiorari relating to
certain incidents therein may prosper where the appeal
does not appear to be a plain, speedy and adequate
remedy. In this case, the SC noted that, while
petitioners tried to justify their recourse to both an
appeal and to a petition for certiorari by claiming that

their appeal would not constitute a plain, speedy and

adequate remedy, they did not see fit to withdraw or
abandon said appeal after filing the petition. Thus, both
the CA and SC are reviewing the same decision of the
RTC at the same time. Such a situation would lead to
absurdity and confusion in the ultimate disposition of the
case.
1. 2. Prohibition
2. 3. Mandamus
3. 4. When SC allows the writ of certiorari even when
appeal is available and proper:
4. 5. Cases where Motion for Reconsideration is NOT
condition precedent for certiorari:
1. 6. The period for filing any of the 3 actions is
not later than 60 days from notice of judgment,
order, or resolution sought to be reviewed.
1. Purpose to prevent the commission or carrying out of
an act;

2. Act sought to be controlled discretionary and

ministerial acts;
3. Respondent one who exercises judicial or non-judicial
functions.
1. Purpose to compel the performance of the act
desired;
2. Act sought to be controlled ministerial act;
3. Respondent one who performs judicial or non-judicial
functions.
1. Appeal does not constitute a speedy and adequate
remedy;
2. Orders were issued either in excess of or without
jurisdiction;
3. For certain special considerations, such as public
welfare or policy;
4. Where in criminal actions, the court rejects rebuttal
evidence for the prosecution, as in acquittal;
5. Where the order is a patent nullity;
6. Where the decision in the certiorari case will avoid
future litigation.

1. Order is a patent nullity;

2. Questions raised in the certiorari proceeding were duly
raised and passed upon by the lower court, or are the
same as those raised and passed upon in the lower
court;
3. Urgent necessity for the resolution of the question and
any further delay would prejudice the interests of the
government;
4. Under the circumstances, a motion for recon would be
useless;
5. Petitioner was deprived of due process and there is
extreme urgency for relief;
6. Where in a criminal case, relief from order or arrest is
urgent and the granting of such relief by the trial court
is improbable;
7. Proceedings in the lower court are null for lack of due
process;
8. Proceeding was ex parte or in which petitioner had no
opportunity to object;

9. Issue raised is one purely of law or where public

interest is involved.

In case a motion for reconsideration or new trial is

timely filed, whether such motion is required or not, the
60-day period shall be counted from notice of the denial
of said motion. (SC Circular 562000, effective September 1, 2000)

No extension of time to file the petition shall be

granted except for compelling reason and in no case
exceeding 15 days. (SC Circular 56-2000)
Rule 66 Quo Warranto
1. 1.

Quo Warranto distinguished from Election Contest:

Election Contest
Quo Warranto

Basis is that occupant is

Challenge rights of a person

disqualified from holding

office by reason of
ineligibility or disloyalty

to hold office on the ground

of irregularities in the
conduct of the election

If successful, respondent is
ousted but petitioner shall
not automatically assume the
office vacated

Successful protestant will

assume office if he had
obtained plurality of valid
votes

Rule 67 Expropriation
1. In expropriation, the complaint must be verified.
2. The defendant can only file an answer instead of a
motion to dismiss
1. The final order of expropriation is appealable, but
the lower court may determine the just
compensation to be paid.

The power of eminent domain is exercised by the filing

of a complaint which shall join as defendants all persons
owning or claiming to own, or occupying, any party of

the expropriated land or interest therein. If a known

owner is not joined as defendant, he is entitled to
intervene in the proceedings; or if he is joined but not
served with process and the proceeding is already closed
before he came to know of the condemnation, he may
maintain an independent suit for damages.
Rule 70 Forcible Entry and Unlawful Detainer
1. 1. Forcible entry distinguished from Unlawful
detainer

Forcible entry

Unlawful detainer

Possession of land is unlawful

from the beginning due to
force, intimidation, threat,
strategy or stealth

Possession of defendant is
inceptively lawful but
becomes illegal by reason of
termination of right of
possession

No requirement of previous

Demand is jurisdictional

3. When defendant is not a tenant but a pure intruder

demand for defendant to

vacate premises

In all other cases, there must be a demand:

Plaintiff must prove that he

was in prior physical
possession until he was
deprived thereof by
defendant

Plaintiff need not have been

in prior physical possession

1-year period counted from

date of actual entry or when
plaintiff learned thereof.

1-year period from date of

last demand

2. When prior demand in unlawful detainer actions not

required;
1. When purpose of action is to terminate lease because
of expiry of term and not because of failure to pay
rental or to comply with terms of lease contract;
2. Purpose of suit is not for ejectment but for
enforcement of terms of contract;

1. To pay or to comply with the conditions of the lease;

AND
2. To vacate by written notice on the person in the
premises or by posting such notice on the premises if no
person is found thereon and this is a condition
precedent to the filing of the case; ORAL demand is not
permitted.
1. If demand is in the alternative (pay OR vacate),
this is NOT the demand contemplated by the Rules.

3. When the defendant raises the issue of ownership in

his pleadings and the question of possession cannot be
resolved without deciding the issue of ownership, the
latter issue shall be resolved only to determine the issue
of possession.

 A forcible entry/unlawful detainer action has an

entirely different subject matter from that of an action
for reconveyance. The former involves material
possession, and the latter, ownership. Thus, the
pendency of an action for reconveyance does not divest
the MTC of its jurisdiction over an action for FE/UD, nor
will it preclude execution of judgment in the ejectment
case where the only issue involved is material
possession.
Rule 71 Contempt
1.
2.
3.
4.
1.
2.

1. Criminal contempt
2. Civil Contempt
3. Direct Contempt (contempt in facie curiae)
4. Indirect Contempt
Purpose is to vindicate public authority;
Conduct directed against the dignity or authority of the
court.

1. Purpose is to protect and enforce civil rights and

remedies for the litigants;
2. Failure to do something ordered by the court for the
benefit of a party.
1. Committed in the presence of or so near a court or
judge;
2. Punished summarily without hearing;
3. No appeal may be taken but the party adjudged in
contempt may avail himself of actions of certiorari or
prohibition which shall stay the execution of the
judgment, provided a bond fixed by the court is filed.
1. Not committed in the presence of the court;
2. Punished only after hearing complaint in writing or
motion or party or order of court requiring person to
appear and explain, opportunity to appear and show
cause.